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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the respondent authorities must consider the petitioner’s representation, provide a hearing, and pass a reasoned speaking order within four weeks.

Summary

The petitioner, Sudhir Kumar, filed a writ petition seeking promotion to higher posts in the Agriculture Department of Bihar, invoking the 2023 rules issued by the General Administration Department. He also requested that the department consider his representation dated 17‑12‑2025 and grant an officiating promotion, arguing that no departmental or judicial proceedings were pending that should impede his promotion. The court, after hearing counsel, directed the Principal Secretary (respondent No.2) to examine the representation, afford the petitioner a hearing, and issue a reasoned speaking order within four weeks. No substantive determination on the entitlement to promotion was made. The writ application was disposed of on the terms of this procedural direction.

Issues considered

  • Whether the petitioner is entitled to promotion under the 2023 rules of the General Administration Department.
  • Whether any pending departmental or judicial proceedings bar the granting of the promotion.
  • Whether the representation dated 17‑12‑2025 must be decided by a speaking order.

Subjects

  • promotion
  • departmental proceedings
  • writ jurisdiction
  • administrative law
  • representation
  • speaking order
  • Bihar Agriculture Department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.683 of 2026
                 ======================================================
                 Sudhir Kumar S/o- Late Rajendra Prasad Yadav, R/o- Village- Manikpur
                 Mushhariya, P.S.- Parihar, District- Sitamarhi.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Agriculture Department,
                 Govt. of Bihar, Patna.
           2.    The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.
           3.    The Director Agriculture, Agriculture Department, Govt. of Bihar, Patna.
           4.    The Joint Secretary, Agriculture Department, Govt. of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :           Mr.Yashwant Kumar @ Chaman
                 For the Respondent/s   :           Mr.Government Pleader (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-02-2026                 Heard learned counsel for the parties.

                               2. The petitioner has filed this writ application for

                   following reliefs:-

                                                           “(I)   For     commanding       and
                                            directing the respondent authorities to
                                            consider and grant promotion to the
                                            petitioner on the post of Sub-Divisional
                                            Agriculture Officer/Deputy Project Director
                                            (ATMA) and Assistant Director (Agronomy)
                                            and equivalent posts in pay level-9 in the
                                            light     of     Rules,     2023   issued   under
                                            Notification No.-19300 dated 13.10.2023 by
                                            the General Administration Department
                                            from the dates the Junior to the petitioner
                                            has been granted with all consequential
Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026
                                            2/3




                                  benefits.
                                               (II)      For     direction      upon     the
                                  respondent            no.-2     to     consider        the
                                  representation          of    the    petitioner      dated
                                  17.12.2025 and take an appropriate decision
                                  in accordance with law expeditiously and
                                  grant officiating promotion to the petitioner
                                  on the higher post from the date the junior
                                  have been so granted with all consequential
                                  benefits.
                                               (III)      To     hold     that      neither
                                  departmental           proceeding       nor       judicial
                                  proceeding was pending either on the date of
                                  meeting         of      Departmental           Screening
                                  Committee i.e. 08.01.2025 or on the date of
                                  issuance of Notification No.-171 dated
                                  15.01.2025 and therefore, any subsequent
                                  issuance and service of memo of charge will
                                  not come in the way of granting officiating
                                  promotion to the petitioner on the higher
                                  post.
                                               (IV) For any other relief/reliefs to
                                  which the petitioner may be found entitled to
                                  in the facts and circumstances of the case.”
                      3. At the very outset, it is submitted by the learned

          counsel for the petitioner that he would be contended with the

          fact that his representation dated 17.12.2025 as contained in

          Annexure-P/3 be disposed of by the authorities/respondent no.2
           Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026
                                                       3/3




                     by speaking order.

                                 4. Be that as it may, in the interest of justice and upon

                     submission of the learned counsel for the petitioner, it is

                     directed that the respondent no.2 shall consider all the aspects of

                     the matter and the grounds mentioned in the representation after

                     affording an opportunity of hearing to the petitioner and pass a

                     reasoned and speaking order, in accordance with law, within a

                     period of four weeks from the date of receipt of the

                     representation, which may be communicated to the petitioner.

                                 5. Accordingly, this writ application stands disposed

                     of in the aforesaid terms.



                                               (Praveen Kumar, J)
shivam/-

U


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